The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing laws against workplace discrimination. If you believe you have been discriminated against at work based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40+), disability, or genetic information, you can file a "charge of discrimination" with the EEOC.
15 steps across 2 sections
1. Steps Process
- Determine if the EEOC is the right agency — The EEOC handles workplace discrimination complaints against employers with 15+ employees (20+ for age discrimination). For federal employees, the proces...
- Check the filing deadline — You must file within 180 calendar days of the discriminatory act. This extends to 300 calendar days if a state or local agency enforces a similar anti-discrimination law...
- Submit an online inquiry — Start at the EEOC Public Portal (publicportal.eeoc.gov). The portal asks questions to determine if EEOC is the right agency and helps you prepare your charge.
- Schedule an intake interview — After your online inquiry, schedule an appointment at your nearest EEOC field office. You can schedule online through the Public Portal or call 1-800-669-4000. Walk-i...
- Prepare your documentation — Bring all supporting evidence to your interview:
- Termination letters, disciplinary notices, or performance evaluations
- Emails, texts, or written communications showing discriminatory behavior
- Names and contact information of witnesses
- Timeline of events
- Any prior complaints filed with HR
2. Key Tips
- You do not need a lawyer to file an EEOC charge, but consulting one is recommended for complex cases
- The EEOC offers free mediation, which resolves many cases faster than a full investigation
- Filing a charge protects you from retaliation — it is illegal for your employer to punish you for filing
- Keep copies of everything you submit to the EEOC
- The investigation process can take 6-12 months or longer
Common Mistakes
- Missing the 180/300-day filing deadline (the deadline is strict and rarely ex...
- Not documenting discriminatory incidents as they occur
- Failing to report discrimination internally first (while not legally required...
- Confusing unfair treatment with illegal discrimination (the EEOC only handles...
- Not responding to EEOC requests for additional information in a timely manner
Pro Tips
- File your charge as early as possible — do not wait until close to the deadline
- Request mediation if offered — it is faster, less adversarial, and more likel...
- You can request a "Right to Sue" letter at any time after 180 days if the inv...
- State and local Fair Employment Practices Agencies (FEPAs) have "worksharing"...
- Many employment attorneys take EEOC-related cases on contingency, meaning no ...